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How far back can we go when conducting background checks on employees?

by on
in Employment Background Check,Human Resources

Q. We do background checks on our employees. Is there a restriction on how many years we can go back on the employee?

A. North Carolina does not regulate background checks. Thus, there is no state law limiting the length of time covered by a background check.

However, if a company relies on long-ago events to deny employment, an employee could argue that this was merely a pretext not to hire him or her, and that impermissible discrimination based on race, sex, national origin, etc. was the true reason.

Also, remember that background checks are regulated by the federal Fair Credit Reporting Act.

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